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23/00093/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00093/B Applicant : CCSE Leisure Proposal : Alteration and erection of extension to existing facility Site Address : West Coast Fitness Close Beg Ballawattleworth Peel Isle Of Man
Planning Officer: Mr Hamish Laird Photo Taken : 19.04.2023 Site Visit : 19.04.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.06.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. All new windows on the north eastern and south western elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority.
Reason - To protect the amenity of adjacent properties.
C 3. The building as extended by this permission shall be used for leisure and community purposes only.
Reason - To protect the amenity of adjacent properties.
C 4. The building as extended by this permission shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:
Monday - Thursday 06:00 - 21:00; Friday 06:00 - 20:00; Saturday 08:00 - 16:00; and, Sunday 08:00 - 12:00.
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Reason - To protect the amenity of adjacent properties. The Department has previously assessed the impact of the proposed development on the basis of the specific times requested for within PA 18/00724/B and any alternative opening times will require further consideration.
C 5. Prior to the commencement of the development, hereby approved, details of the proposed cycle storage facilities shall be submitted to and approved in writing by DEFA Planning. The development shall be carried in accordance with the approved details, which shall be retained and permanently made available for cycle parking. Such cycle parking facilities shall allow for 2 No. 'Sheffield' type hoops which should be provided near the main entrance for visitors.
Reason: To ensure that sufficient cycle parking provision is made on site commensurate with the size of the facility as outlined in the Manual for Manx Roads and LTN1/20.
This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the documents and plans date stamped and received 9th February, 2023;
Drawing No. 22-3159-01 - Site Location Plan @ scale 1:1,250; Drawing No. 22-3159-04 - Proposed Sections and Roof Plan; Drawing No. 22-3159-06 Rev A - Proposed Floor Plans; and, Drawing No. 22-3159-05 Rev. A Proposed Site Plan. Received 7th June, 2023. Drawing No. 22-3159-07 Rev. A Proposed Elevations Received 7th June, 2023.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
1 Close Beg, Ballawattleworth, Peel, Isle Of Man, IM5 1XF
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
1.0 APPLICATION SITE 1.1 The application site comprises an existing Fitness Centre, contained in a 3-storey detached building, of white painted render walls under a tiled pitched roof. It is served by an existing car park. West Coast Fitness is located in Close Beg within the Ballawattleworth Estate, Peel and to the south and south east of existing residential apartments. The site is accessed from the A20 Poortown Road, via Oak Road which serves the local centre including The Highwayman PH and local shops as well as apartments in Close Beg. The site is located within the settlement boundary for Peel, and adjoins fields to the east which lie in the countryside.
1.2 A notice in the entrance door advises of opening hours which are:
Monday - Thursday 06:00 - 21:00; Friday 06:00 - 20:00; Saturday 08:00 - 16:00; and,
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Sunday 08:00 - 12:00.
The opening hours were amended to the current opening times subsequent to the grant of PA Ref: 17/00824/B on 18/10/2018.
2.0 PROPOSAL 2.1 This application proposes the "Alteration and erection of extension to existing facility" involving the addition of extensions to the ground floor only on the eastern and southern sides of the building. The east side extension would have a length of approx. 18.0m and a depth of between 3.4m and 4.2m; and would be single storey only housed under a flat roof. The extension to the southern side would have a width of approx. 20.7m; and a depth of 6.5m. This would cover 2-stories in height although the upper floor would comprise a void and the new floorspace created would be on the ground floor only.
2.2 The proposals would enable a re-configuration of the ground floor accommodation, with the present Gym/Hall being turned into a weights room that would extend into the east side extension. The south side extension would be used as a Gym. The existing uses of the first and second floor accommodation would remain unchanged. Opening hours would remain as outlined in paragraph 1.2 above.
3.0 PLANNING HISTORY 3.1 PA 09/00721/B for the original development of the gym building; this application was approved subject to a number of conditions including the operation hours. The relevant conditions for the application state:
"4. All first floor windows on the north eastern, north western and south western elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority.
Reason - To protect the amenity of adjacent properties.
The building may be used for leisure and community purposes only.
The building shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:
Monday to Friday - 0700 to 2100 hrs; Saturday - 0800 to 2000 hrs; Sunday and Bank Holidays - 0900 to 2000 hrs.
3.2 Application Ref: 18/00724/B - approved extend hours via the "Variation of condition 6 of PA 09/00721/B, Erection of a three storey Leisure & Community Centre, to change the hours of operation" as outlined in paragraph 1.2 above.
3.3 PA Ref: 18/00244/D - Installation of illuminated signage - approved - 15/6/2018.
4.0 PLANNING POLICY 4.1 Peel Local Plan 1989 zoned as 'Predominantly Residential'
4.2 While there is no specific policy relating the alteration of opening hours for existing facilities, it is perhaps relevant to consider Community Policy 6 in the assessment of the application where new facilities or extensions to new facilities are proposed and their subsequent impacts on the surrounding area in which they sit.
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4.3 "Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they: a) would not result in an over concentration of such uses in a particular area; b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area; c) would be easily accessible; and d) would not have an unacceptable impact on the local highway network."
4.4 In the Adopted Isle of Man Strategic Plan 2016, the following policies are of relevance:
GP 2 a, b, c g, h, EP 22 iii) EP 23 CP 7 CP 11
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Peel Town Commissioners - No comments received by the Report drafting stage.
5.2 DOI Highway Services - (comments dated 28/02/2023) "Highways Development Control notes the intention to extend the premises at West Cost Fitness to enable reconfiguration. To enable HDC to form a view on the highway and transport implications of the proposal, please could the Applicant / Agent advise of staff, customer and car parking numbers and any changes thereto. Details of bicycle parking would be helpful too."
In response to the comments received from the applicants DOI Highway Services - (comments dated 8/6/2023)
DOI Highway Services - (comments dated 28/02/2023)
"Highways Development Control notes the additions and amendments and accepts the car parking figures as being suitable for the proposal; although car park usage is unexplained, it is likely that there are peaks and troughs with the usage coinciding with working patterns and often evening uses when other space would be available within the business park. The removal of the existing wall mounted cycle parking and the intention to install a new enclosed and secure shelter is welcome. The existing are no longer an acceptable storage type. However, the proposed position at the back of the car park it unlikely to attract usage. It should be repositioned nearer the front entrance and the layout provided to ensure convenient access from without and within as well as the numbers of bicycles to be accommodated. Additionally, a couple of 'Sheffield' type hoops should be provided near the entrance for visitors which if suitably spaced could accommodate. Manual for Manx Roads and other publications, such as LTN1/20 provide guidance on appropriate cycle facilities which is expected to be adhered to meet Active Travel objectives. Accordingly, no objection is raised subject to a request for a planning condition for submission of further details for approval of cycle storage facilities." DOI Highway Services - (comments dated 8/06/2023)
"Highways Development Control notes the additions and amendments and accepts the car parking figures as being suitable for the proposal; although car park usage is unexplained, it is likely that there are peaks and troughs with the usage coinciding with working patterns and often evening uses when other space would be available within the business park. The removal of the existing wall mounted cycle parking and the intention to install a new enclosed and secure shelter is welcome. The existing are no longer an acceptable storage type. However, the
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proposed position at the back of the car park it unlikely to attract usage. It should be repositioned nearer the front entrance and the layout provided to ensure convenient access from without and within as well as the numbers of bicycles to be accommodated. Additionally, a couple of 'Sheffield' type hoops should be provided near the entrance for visitors which if suitably spaced could accommodate. Manual for Manx Roads and other publications, such as LTN1/20 provide guidance on appropriate cycle facilities which is expected to be adhered to meet Active Travel objectives. Accordingly, no objection is raised subject to a request for a planning condition for submission of further details for approval of cycle storage facilities."
5.3 DEFA Environmental Health - no comments received.
5.4 The occupants of 1 Close Beg have written objecting to the application. Concerns raised are:
"Unfortunately I live right opposite the front door of the gym. Their attitude over the last few years since I have been there is a a total disregard for the neighbours so much so that I was advised ??? tell her she shouldn??? t have moved near a gym??? when I asked if they would turn down the booming music that shock my apartment floors at 6.15 in the morning. (I have Facebook messages that they have responded too for the numerous times they play music before 7am. I also went direct to the gov noise department who spoke with them (they denied it even though they admitted it in Facebook messages direct to me) . The people going to the gym park in the turning area - this blocks the path access to the front door of the apartments. They also park in the narrow road leading to the car park entrance. The apartments were there before the gym and the thought of them moving weights downstairs and to thud around - you can imagine does not fill me with glee. Incidentally I have asked on numerous occasions for someone from the gym to call over to my apartment and hear what it??? is like. I object because of more noise in a residential area and their lack of respect for the surrounding residents Relationship to site: Close to the site (please elaborate)"
6.0 ASSESSMENT Principle of development 6.1 The existing gym is located within an established area of neighbourhood shops and services within a wider residential estate on the eastern edge of Peel. The area includes the gym, a convenience shop, children's nursery, doctor's surgery, takeaway and public house. It would be reasonable to say that the coming and goings of traffic and people in this specific area is likely to be notably higher and more frequent than other areas of the residential estate and there is likely to be a level of acceptability when it comes to the associated noise and smells when living in close proximity to such facilities.
6.2 The gym received approval for the erection of signage (PA Ref: 18/00244/D), during the assessment of the hours of operation application which approved the earlier opening time of 0600 from Monday - Thursday (see PA Ref: 18/00724/B).
6.3 In principle, the proposed development for the extension of the Fitness Centre is considered to be acceptable and in accordance with the provisions of Policy GP2 a) of the Adopted Isle of Man Strategic Plan 2016.
Design and visual impact 6.4 The proposed extensions to the Fitness Centre would be sited on the Southern and Eastern sides of the present building which are the sides located away from any adjoining residential properties in Close Beg. The proposed extension to the east side of the building would be of limited depth of between 3.4m and 4.2m, and would be flat-roofed. This side of the building adjoins the fields and countryside to the east and the bulk, scale, and massing of the extension to be added to this side is considered to be in keeping with that of the host structure. Its visual impact would, therefore, be limited in nature and this is considered to be acceptable.
6.5 The addition of the extension to the south facing elevation, would result in a gradual step- down from the ridge of the mono-pitch roof where it would join the elevation at 2nd floor ground
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level, to ground floor eaves level. This would assist in assimilating the bulk and mass of the extension so that it reads as a reasonable addition to the Fitness Centre building without appearing excessive. In terms of its design and visual impact, this element of the extension is also considered to be acceptable. The extensions are therefore, considered to accord with the provisions of General Policy 2, parts (b) and (c) of the Adopted Isle of Man Strategic Plan 2016.
Neighbours amenities 6.6 The Fitness Centre, which is an acknowledged community facility, and had been operating from the site for some time, but with no formal complaints, issues or enforcement cases being raised by the public or surrounding neighbours. The Ref: 18/00724/B application did not result in any objections being received from the Local Commissioners or any surrounding residents, and on this basis the 1 hour earlier opening time of 06:00 (previously 07:00) was judged to be acceptable.
6.4 The concerns raised by the occupants of 1 Close Beg regarding noise outbreak have been noted. These are:
"As stated in 1 Close Beg comments, claims of noise disturbances made to the Department of Environmental Health, have resulted the department dismissing claims of the alleged disturbances. We understand there has been visits from the police and twice by the Department of Environmental Health regarding the alleged noise disturbances. Sound level monitoring devices have been installed in the existing facility to which the Department and the police have dismissed 1 Close Begs claims. The applicant welcomes any further visits from the Department of Environmental Health if required.
The proposed rearrangement of the weights and other gym equipment is to improve the operations of the facility and reduce any perceived noise by 1 Close Beg."
6.5 The applicants have recognised these concerns advising that the "proposed rearrangement of the weights and other gym equipment is to improve the operations of the facility and reduce any perceived noise by 1 Close Beg ," should assist in minimising any noise outbreak.
6.6 Looking back at the comments of the Case Officer in respect of the PA Ref: 18/00724/B proposals to extend operating hours to those described in paragraph 1.2 above, which were:
"Not to discount the earlier findings of the officer for the 2009 application, it would be reasonable to state that social change over recent years has led to an increased importance of the population's health and wellbeing and that the associated realms of acceptability have equally changed. It would be reasonable to say that the public would likely expect a sport facility such as a gym to be opening at 6am and closing early in the evenings in order to meet the demands of that specific clientele, whereas the expected opening times for a neighbouring public house would likely be 11am/midday and closing late in the evenings 12/1am.
Given the established neighbourhood shop area in which the gym sits and the publically accessible space surrounding the gym at any time and the unrestricted opening hours of the neighbouring shops, it is not expected that the earlier opening time of 6am will bring about such a change in the use of the gym or the numbers visiting to warrant a concern on the impact of the general living conditions of the immediate neighbours." As no other complaints have been received, and the applicants have acknowledged the neighbours' concerns and advised that the extensions would enable the internal layout if the fitness centre to be adjusted so as to minimise any noise outbreak, it is considered that the proposed extensions are acceptable and accord with the provisions of Policies GP 2 g, EP 22 iii) and EP 23 of the Adopted Isle of Man Strategic Plan 2016.
Highway safety 6.8 In response to the comments received from DoI Highways, the applicant advises that:
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"The proposed development and is to retain the existing number (15) of parking spaces present. Bicycle parking is to be replaced and relocated as indicated on the revised site plan (22/3159/05 A). Please find image below of existing bicycle parking.
There are 4 full time staff members and usually 2 part time student staff who work seasonally at the reception. The current approximate number of gym members are 450 people. Previously, members have reached approximately a number of 650 people. Due to other available gym facilities within Peel, it is believed that this is the reason why the number of members has fallen."
6.9 DoI Highways has responded raising no objection to the proposals. It is considered that in this regard, the proposed extensions are acceptable and accord with the provisions of Policies GP 2 h) and i) of the Adopted Isle of Man Strategic Plan 2016.
7.0 CONCLUSION 7.1 For the above reasons it is considered that the application for the extension to the Fitness Centre is acceptable and approval is recommended.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 03.07.2023
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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